Decisions · Policy · United States

AI and intellectual property: towards an articulated public domain

Mauritz Kop (Stanford Law School, Transatlantic Technology Law Forum) · 2019 · Proposal · non-binding

SSRN 3409715 (2019)

Protection of AI output

Can AI-generated work be protected?

Human authors only

Human authorship and inventorship stay the core of IP; no new rights for AI output

Why hereCoded at the pole: its core holding or recommendation answers the question outright.

What it says

Kop argues that human authorship and inventorship remain the normative centre of IP law, that extending rights to AI output would hinder innovation, cultural diversity and fundamental freedoms, and that gaps are better handled by contracts and generous fair use than by new layers of IP.

Argues AI output should feed an articulated public domain rather than new rights.

Sources

This record

Data as of 2026-10-21.

Drafted with AI assistance and checked against the sources linked above; not yet reviewed by a lawyer. Methodology

No changes logged yet. The change log started on 2026-10-20.